February 20, 2009
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County, Illinois.
) No. 90 CR 24997
DALMANIC A. SIMMONS, ) Honorable
) Nicholas Ford,
Defendant-Appellant. ) Judge Presiding.
JUSTICE JOSEPH GORDON delivered the opinion of the court:
Defendant, Dalmanic A. Simmons, appeals from the circuit court’s denial of leave to file
his third successive petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS
5/122-1 et seq. (West 2004)). For the reasons that follow, we affirm.
On December 8, 1990, defendant, who was 15 years old at the time, was arrested in
connection with the armed robbery and first degree murder of the victim, Ki B. Nam. After being
in police custody for almost seven hours, defendant gave a statement to police admitting his guilt.
On August 7, 1991, pursuant to a negotiated plea, defendant pled guilty to murder and armed
robbery. The trial court subsequently sentenced him to concurrent sentences of 40 years for first
degree murder and 30 years for armed robbery.
As part of the negotiated plea hearing, the State presented a factual basis for the crimes